26 requested the Ninth Criminal Prosecutor to file the pertinent accusation.66 On January 10, 1997, the Fifth Criminal Judge from Pichincha (Juez Quinto de lo Penal de Pichincha) (hereinafter, the “Fifth Judge”), instituted a formal criminal investigation and issued a court order to investigate the alleged crime to “determine and identify the perpetrators, accomplices, and accessories after the fact of the offense being investigated,”67 meaning the death of Miss Albán-Cornejo. On January 23, Laura Albán’s parents filed a private complaint68 against Dr. “Ramiro Montenegro-López […]; and [against] all the persons, doctors, nurses and paramedics, whose names, last names and addressed [we]re unknown and must be determined by the accused” in the proceedings conducted against Dr. Ramiro Montenegro-López et al before the Fifth Judge.69 On May 15, 1997, the Fifth Criminal Court requested the Metropolitan Hospital to provide the court with the medical file of Laura Albán, the names of the individuals who assisted her,70 and “the file containing personal data on Dr. N. Espinoza.” On May 26, 1997, in reply to referred request, the Metropolitan Hospital delivered to the Fifth Criminal Court a certified copy of the medical file and asserted that the names of the medical staff who had treated Laura Albán were stated in the clinical file and that the only listed doctor in the hospital by the name of Espinoza was Dr. “Fabián Espinoza.”71 82. On February 16, 1998, with the aim to investigate Dr. Fabián EspinozaCuesta’s participation in Laura Albán’s death, the Pichincha Fifth Criminal Prosecutor (hereinafter, the “Prosecutor”) requested the Court to institute investigation proceedings with regard to said health care professional under the assumption that “[…] the doctor that prescribed morphine to patient Laura Albán […] was Dr. Fabián Espinoza[,…]” so “there [were] sufficient procedural and legal grounds” to presume his participation.72 On March 3, 1998, the Fifth Judge, after becoming acquainted with Dr. Fabián Espinoza-Cuesta’s full name, “extended” the investigation proceedings against him.73 On July 20, 1998, the Prosecutor filed an accusation 66 Cf. official letter No. 379-96-MFP of the Pichincha Public Prosecutor to the Ninth Criminal Prosecutor of December 30, 1996 (file of internal proceeding, criminal case No. 010-97-AP, volume I, p. 788). 67 Cf. court order of the Pichincha Fifth Criminal Court of January 10, 1996 (file of internal proceeding, criminal case No. 010-97-AP, volume I, p. 833). 68 Pursuant to article 14 of the Code of Criminal Procedure in force at the time of the events, a private accusation could have been filed. 69 Cf. private accusation brief filed by Laura Albán’s parents to the Fifth Criminal Judge on January 23, 1997 (file of internal proceeding, criminal case No. 010-97-AP, volume I, pp. 896 to 901). 70 Cf. official letter of the Fifth Judge to the director of the Metropolitan Hospital, of May 15, 1997, (file of internal proceeding, criminal case no. 010-97-AP, volume IV, p. 1240); and official letter No. 1120OIDP of the Pichincha Office of Crime Investigations of the National Police of Ecuador (Oficina de Investigaciones del Delito de Pichincha) addressed to the Fifth Judge, of January 28, 1997 (file of appendixes to the application, appendix 30, pp. 113 to 117). 71 Cf. letter of Cecilia B. de Páez, General Manager of the Metropolitan Hospital addressed to Dr. Jorge W. German R., Pichincha Fifth Criminal Judge (file of internal proceeding, criminal case No. 010-97AP, volume VI, p. 1395). 72 Cf. brief of the Pichincha Fifth Criminal Prosecutor addressed to Fifth Criminal Judge of February 16, 1998 (file of internal proceeding, criminal case No. 010-97-AP, volume VII, p. 1561). 73 Cf. court order of the Fifth Criminal Court of March 3, 1998 (file of internal proceeding, criminal case No. 010-97-AP-AP, volume VII, p. 1562). The applicable provision was article 129 of the Code of Criminal Procedure, which prescribed that “when there is evidence raising presumption of an individual’s